in the Matter of the Marriage of A.L.F.L. and K.L.L., and in the Interest of K.A.F.L., a Child ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00364-CV
IN THE MATTER OF THE MARRIAGE OF A.L.F.L. and K.L.L.
and In the Interest of K.A.F.L., a Child
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-02421
Honorable Barbara Hanson Nellermoe, Judge Presiding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: July 29, 2015
DISMISSED AS MOOT
This is an appeal from a trial court’s order denying a plea to the jurisdiction in a same-sex
divorce matter. On June 30, 2015, we rendered an order that, among other things, ordered
appellant to show cause why we should not dismiss this appeal as moot in light of the United States
Supreme Court’s decision in Obergefell v. Hodges. See Nos. 14-556, 14-574, 14-562, & 14-571,
__ U.S. __ (June 26, 2015). On July 16, 2015, appellant filed a response to our order and a motion
to dismiss.
Appellant seems to agree the appeal is moot in light of the Obergefell decision. “A case
becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between
1
The Honorable Barbara Nellermoe retired from the bench effective December 31, 2014. She signed the orders that
are the subject of this appeal prior to her retirement.
04-14-00364-CV
the parties — that is, if the issues presented are no longer ‘live,’ or if the parties lack a legally
cognizable interest in the outcome.” Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex.
2012); see also Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2000). Accordingly, we dismiss the
appeal as moot. See id. In light of our decision to dismiss the appeal as moot, appellant’s motion
to dismiss is moot, as is the motion to dismiss for want of jurisdiction filed by appellees on June
13, 2014, which was ordered carried with the case.
PER CURIAM
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